New York's Appellate Division, Second Department recently affirmed a Supreme Court decision regarding the commercial use of a person's image without written consent. The case, Barbetta v. NBCUniversal Media, is of particular interest in today's social media-saturated environment and it highlights New York laws regarding the commercial use of another person's image without prior written consent.

The ruling illustrates that not all uses of a person's image on social media will be considered commercial exploitation. This can provide some reassurance to individuals and businesses using social media that incidental inclusion of individuals in photos may not necessarily result in legal liability under New York's privacy laws. It also shows how plaintiffs must carefully consider jurisdictional issues when bringing similar claims, particularly against high-profile individuals or entities based outside the state.